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2022 Supreme(Online)(KER) 8920

HIGH COURT OF KERALA
MUTHOOT M. GEORGE BANKERS – Appellant
Versus
THE PRESIDING OFFICER – Respondent


JUDGMENT

This writ petition is filed challenging Ext.P7 order passed by the Labour Court, Kollam under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act', for short). The petitioner is a partnership firm which was engaged in the business of taking deposits from the public and lending to the public, at Kollam. The 2nd respondent, a workman employed in the service of the petitioner as OfÏce Assistant was suspended from service on 10.06.1993 and later dismissed with retrospective effect from the said date, on allegation of misconduct. An industrial dispute was raised by the 2nd respondent's union, challenging the dismissal of the 2nd respondent from service and it was referred for adjudication of the 1st respondent. The issue referred for adjudication was “whether the dismissal of Sri.K.Prasannakumar, OfÏce Assistant w.e.f. 10.06.1993 by the management of Muthoot M.George Bankers, Kollam is justifiable, if not, what relief he is entitled to”. After evidence, the Labour Court, by preliminary award dated 04.09.2004, found that the domestic enquiry is vitiated and set aside the enquiry report. Later, the Labour Court, by Ext. P1 final award dated 22

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